§ 17.08.100. Final map—Affidavits and certificates.

The following affidavits and certificates, with acknowledgments where appropriate, shall appear on the final map:

A.

Owner's statement with acknowledgments, consenting to the preparation and recording of the final map and to the dedication or offer to dedicate any required interest in real property for specified public purposes. Such statement must specifically identify any street shown on the final map which is not offered for dedication and must be signed and acknowledged by all parties having any record interest in the real property being subdivided, except as follows:

1.

A lien for state, county, municipal or local taxes or special assessments, a trust interest under bond indentures, or mechanics' liens do not constitute a record title interest in land for the purpose of this section;

2.

The signature of either the holder of beneficial interest under trust deeds, or the trustee under the trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map;

3.

Signatures of parties owning the following types of interest may be omitted if their names and nature of their respective interests are stated on the final map:

a.

Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity, public utility or subsidiary of a public utility for conveyance to the public utility for rights-of-way. If, however, it is determined by the advisory agency that the division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or the public utility right-of-way or easement, the signature of the public entity or public utility may be omitted, providing the procedure set forth in Section 66436 of the Government Code is followed. Notice of any hearing held pursuant to that procedure shall be given in the manner prescribed by Section 17.12.020,

b.

Rights-of-way, easements or reversions which, by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures which are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall be stated on the map,

c.

Interest in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances;

4.

Real property originally patented by the United States or by the state of California, which original patent reserved interest to either or both of those entities may be included in the final map without the consent of the United States or the state of California to the map or to dedications made by it;

B.

Certificate or statement of the clerk of the board stating that the board approved the final map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication;

C.

An engineer or surveyor's statement which shall give the date of the survey, state that the survey and final map were made by him or her under his or her direction, and that the survey is true and complete as shown. The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient enable the survey to be retraced;

D.

County surveyor's certificate or statement meeting the requirements of Government Code Section 66442;

E.

The tax and assessment certificate or statement of the treasurer, meeting the requirements of Government Code Section 66492;

F.

The certificate of the recorder stating the date on which the map was received for recording, and that after having examined the map, it was acceptable for recording. It shall also contain the recording data;

G.

If applicable, the tax bond certificate or statement of the clerk of the board certifying that security has been posted with the county in accordance with Government Code Section 66493 to guarantee payment of taxes and assessments which are a lien against the subdivision, but not yet payable;

H.

A certificate from the local agency to which property is dedicated, other than dedications for open space, parks or schools, as a condition of approval of the final map or parcel map. The certificate shall contain the following information:

1.

The name and address of the subdivider,

2.

A legal description of the property dedicated,

3.

A statement that the local agency shall reconvey the property if the local agency determines pursuant to Section 17.28.090 that the same public purpose for which the property was dedicated no longer exists, or the property or any part of it is not needed for public utility purposes.

I.

Any other certificate or statement required by law.

(Ord. 981 § 16, 1991; Ord. 887 § 9, 1988: Ord. 854 § 2 (part), 1987: prior code § 11612.1)